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Southampton Insulation Contractor Cited and Pays Over $18,000 in Wages and Penalties for Violating the Massachusetts Overtime and Prevailing Wage Laws

SPRINGFIELD- Attorney General Martha Coakley's Office has cited Southampton based Industrial Mechanical Insulation Corporation (Industrial Mechanical) and is president, Robert Buckingham, age 55 of Easthampton, for violations of the Commonwealth's wage and hour laws. As a result of the Attorney General's investigation Buckingham and his company were required to pay over $16,000 in restitution, as well as $2,000 in penalties to the Commonwealth.

In February 2009, the Attorney General's Fair Labor Division began an investigation into the employment practices of Industrial Mechanical after receiving complaints alleging that the company had not paid the proper overtime rate to employees who worked over 40 hours in one workweek. An audit of the payroll records revealed that Buckingham had failed to pay 21 employees the proper overtime rate between June 2007 through February 2009 for work performed on numerous public works projects, and various private jobs. In addition, the audit showed that the company failed to pay the proper prevailing wage rate to two employees who performed work for the company on the Massreco Street Fire Station public works project in Springfield, MA.

Most employers in the Commonwealth are required to pay employees time-and-a-half for any hours over 40 they work every week. The Prevailing Wage and Records Keeping Laws apply to all construction work performed on public works projects in Massachusetts. The Prevailing Wage Laws allow all contractors bidding on public works projects to enjoy a "level playing field" by standardizing the rate of pay the workers will earn.

The Attorney General's Fair Labor Division is responsible for enforcing the prevailing wage, minimum wage and overtime laws, and the payment of wages laws in the Commonwealth. Workers who feel that these laws have been violated in their workplace are urged to call the Office's Fair Labor Hotline at (617) 727-3465. More information about the wage and hour laws is also available in multiple languages at the Attorney General's Workplace Rights website: www.massworkrights.com.

This matter was handled by Assistant Attorney General Bruce Trager and investigated by Inspector Brian Davies of the Attorney General's Fair Labor Division.